A Study On Legal Protection Of Design Patent

The thesis is titled A Study on Legal Protection of Design Patent,studing some questions in legislating and practice of design patent protection.E.g.how to confirm the protection field of the design patent right while judging patent infringement;some principles of judging design patent infringement,and how to perfect legal protection system of design patent,etc.Design is a special object in the field of intellectual property.Design can be protected by patent law while it shows the feature of novelty as a patent;and by trademark law while shows the feature of distinctiveness as a trademark;and by copyright law while expresses aesthetics as a work.In our country,design is protected by patent law.But differently from the patent for invention and utility whose object protected is technical method,design patent protects the product itself.The article about design is limited in the patent law of China,which makes some people regard the protection as a simple work,but in fact it is more complicated than only compare the accused products with the object in the picture or photograph.Some design segment in the picture should not be protected by the law.Now some questions exist in the legislation of design patent in our country,so that the design patent is unable to get enough protection,the conflict with other rights is unable to avoid.meanwhile,though the patent law of our country modified two times,the level of design that the patent law protects is not high.Design patent being enormous,our country can be rated first in quantity,but far from first in quality.Research must be done to involve the above questions.It is to confirm the protection field of design patent,and to judge design patent infringement fairly,and to promote the standard of authorizing design patent,and to perfect the legal system of design protection.The thesis deals mainly legal protection of design in five sections:The first section,mainly introduce such questions as the concept,nature,characteristic of design and the right and obligation of the owner of design patent.From the definition of design in our country,the author summarizes the nature,characteristic of design ,and then point out the future of ornamental characteristics,utility and novelty is required. And the scope and content of protection.Confirm the scope of a product is the accuracy of the scope of the protection.In this paper,the author analysis the status of the shape,muster and color of a design,which is important to ascertain the scope of protection.Design protects the product's ornamental features,so the prior art,functional aspects of the design,and the non-visible design section in normal use should be excluded.The second section, introduces and compares the legislative mode of design protection adopted by various countries,and the regulation by several main international treties.Because the legislative modes are different in the world at present,the degree of protected is different too.Design patents are enormous in our country,and protected by the patent law.The protection level is high formally,but in fact is lower than most countries that intellectual property right protected well.It is imperative to study the legislative mode of design of our country,and strengthen the protection of design.The third section, mainly the infringement of design.Design is different from invention and utility patent,so the sight view and the method to judge infringement are also different.The fourth section,mainly propose some suggestions to perfect the legal system of design patent.